Pranav B Prem

The Kerala High Court recently ruled that the "State Bar Council" is not authorized to collect fees from applicants for verifying their educational certificates during the enrollment process [Alan Benny v Bar Council of Kerala & anr]. 

Background of the Case

A Division Bench comprising Justice Ziyad Rahman AA and Justice PV Balakrishnan delivered the judgment while hearing a petition filed by Alan Benny, a law graduate seeking enrollment with the Bar Council of Kerala. The petitioner challenged the imposition of a ₹2,500 fee for certificate verification, contending that it violated the Supreme Court’s directive in Ajay Shankar Srivastava v Bar Council of India & anr. In this case, the Supreme Court had categorically prohibited Bar Councils from charging fees for certificate verification, emphasizing that universities and examination boards must undertake the task free of cost.

The Bar Council of Kerala had relied on a 2017 notice issued by the Bar Council of India (BCI), which directed State Bar Councils to collect ₹2,500 as fees for verification. However, this notice was found to be inconsistent with Supreme Court directives and statutory provisions under the Advocates Act, 1961.

Key Observations by the Court

The Court reiterated that certificate verification is a duty entrusted to the Bar Council, and it must be carried out without imposing additional financial burdens on applicants. Citing the Supreme Court’s order, the Bench emphasized:

• Universities and examination boards are obligated to verify the authenticity of educational certificates without charging any fee.
• The requisitions for verification must be submitted solely by the Bar Council, ensuring the process is free for the applicant.
• Section 24(1)(f) of the Advocates Act, 1961 restricts Bar Councils from charging any fees beyond the statutory enrollment fee.

"Thus, in the light of the observations made by the Hon’ble Supreme Court also, we do not find any entitlement on the part of the 1st respondent (Bar Council of Kerala) to collect the fees for verification," the Court noted.

Judgment and Directions

The Division Bench ruled that the directive issued by the BCI to collect ₹2,500 as verification fees could not be implemented. It also modified the interim order previously issued by a single judge, which had allowed Benny’s enrollment subject to payment of the verification fees. The Bench directed:

1. The Bar Council of Kerala must process Benny’s application without charging any fee for certificate verification.
2. Verification requests should be sent to the respective universities and examination boards promptly and at no cost to the applicant.
3. Benny should be allowed to enroll on January 5, 2025, even if the verification process remains incomplete by that date. However, his enrollment would remain subject to cancellation if the certificates are later found to be invalid.

Cause Title: Alan Benny v Bar Council of Kerala & anr.

Case No: WP(C) NO.45877 OF 2024

Date: December-19-2024

Bench: Justice Ziyad Rahman AA, Justice PV Balakrishnan

[Read/Download order]